BILL NUMBER: AB 724	CHAPTERED  10/10/99

	CHAPTER   784
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 24, 1999
	AMENDED IN SENATE   JULY 15, 1999
	AMENDED IN SENATE   JULY 2, 1999
	AMENDED IN SENATE   JUNE 21, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   APRIL 12, 1999
	AMENDED IN ASSEMBLY   MARCH 24, 1999

INTRODUCED BY   Assembly Members Dutra and Alquist
   (Principal coauthor:  Assembly Member Bates)
   (Principal coauthor:  Senator Vasconcellos)
   (Coauthors:  Assembly Members Calderon, Florez, Havice, Torlakson,
and Vincent)
   (Coauthors:  Senators Rainey and Speier)

                        FEBRUARY 24, 1999

   An act to amend Sections 27 and 2027 of, and to add and repeal
Section 4052.5 of, the Business and Professions Code, to amend
Section 1798.16 of the Civil Code, to amend Sections 927.2, 927.5,
8331, 8557, 8558, 11015.5, and 11018.5 of, to add Sections 8588.8,
11006.5, and 12814 to, to add Article 9.8 (commencing with Section
8609) to Chapter 7 of Division 1 of Title 2 of, to add and repeal
Section 6277 of, and to add and repeal Article 12 (commencing with
Section 19991.15) of Chapter 2.5 of Part 2.6 of Division 5 of Title 2
of, the Government Code, to add Part 5.5 (commencing with Section
22350) to Division 2 of the Public Contract Code, and to amend
Section 311.5 of the Public Utilities Code, relating to the Year 2000
Problem, and declaring the urgency thereof, to take effect
immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 724, Dutra.  State government:  Year 2000 Problem Good
Government Omnibus Act of 1999.
   (1) This bill would enact the Year 2000 Problem Good Government
Omnibus Act of 1999.
   (2) Existing law sets forth the requirements for the practice of
pharmacy in the state, including the filling and refilling of
prescriptions by licensed pharmacists.
   This bill would provide that during the period commencing December
1, 1999, and ending February 1, 2000, a pharmacist may refill any
refillable prescription subject to the number and terms of authorized
refills, upon request of the person on whose behalf the prescription
was written, except as specified.  It would specify terms for
reimbursement of claims under certain circumstances.  This provision
would become inoperative on February 1, 2000, and would be repealed
on January 1, 2001.
   (3) Under the California Prompt Payment Act, the maximum time from
state agency receipt of a claim for reimbursement for health care
services by specified types of Medi-Cal providers to issuance of a
warrant for payment is 45 calendar days, including not more than 30
calendar days for the state agency to submit a correct claim schedule
to the Controller, and not more than 15 calendar days for the
Controller to issue the warrant.  Under the act, a state agency may
dispute a claim submitted by a provider for reasonable cause.
   This bill would include, as reasonable cause, a computing or
accounting failure related to the Year 2000 Problem and make other
revisions to the act in relation to the Year 2000 Problem.
   The bill would also authorize the state to print or post
electronically within December 1999 checks and other claims that
would otherwise occur on or after January 1, 2000, and to hold these
payments until the normal issue date that is on or after January 1,
2000.
   (4) Existing law sets out the various responsibilities of the
Department of General Services and state agencies in overseeing and
implementing state contracting procedures and policies.
   This bill would enact the Year 2000 Problem Vendor Compliance and
Information Practices Policy to authorize any public entity to submit
a written request for information regarding the Year 2000 Problem to
any contractor who is under contract to provide, or was at any time
under contract to provide, specified projects, materials, supplies,
equipment, services, or real property.
   (5) The California Public Records Act requires that upon request,
an exact copy of a public record subject to disclosure under the act
be provided unless impracticable to do so.
   This bill would specify that for these purposes, it may be
considered impracticable to provide an electronic copy of a record
due to the actuality of a Year 2000 Problem or resulting from a
diversion of resources or personnel by the agency in good faith, to
address the Year 2000 Problem.  This provision would apply only to a
state agency that is given specific approval by the Department of
Information Technology to cite this provision as a reason for
noncompliance with a specified provision of the California Public
Records Act.  This provision would remain operative until June 30,
2001, and would be repealed on January 1, 2002.
   (6) The California Emergency Services Act provides for mitigation
and response efforts to events including states of emergency, as
defined, and local emergencies, as defined, and includes sudden and
severe energy shortages, as defined, within those emergencies covered
under these provisions.  The act sets forth the duties of the Office
of Emergency Services in overseeing these efforts.
   This bill would include complications resulting from the Year 2000
Problem within the definitions of the terms "state of emergency" and
"local emergency" under these provisions, and would include a rapid
unforeseen shortage of energy resulting from the Year 2000 Problem
within the definition of the term "sudden and severe energy shortage"
for these purposes.  It would additionally require the Office of
Emergency Services to serve as the central agency in state government
for the emergency reporting of all disasters and sudden and severe
energy shortages related to, or potentially related to, the Year 2000
Problem and to coordinate the notification of the appropriate state
and local administering agencies that may be required to respond to
those situations as they arise.
   (7) The California Emergency Services Act requires the Governor to
coordinate the State Emergency Plan and programs necessary for the
mitigation of the effects of an emergency in this state.  The act
also requires the Governor to establish contingency plans for various
disasters.
   This bill would authorize state agencies that are authorized to
implement a disaster, contingency, or business continuity plan to use
volunteer workers.
   (8) Existing law establishes in state government the Department of
Information Technology to provide leadership, guidance, and
oversight of information technology in state government.
   This bill would make a legislative finding and declaration that
the identification and remediation of the Year 2000 Problem is the
top priority information technology project for the state as
specified by executive order.  This bill would also declare the
intent of the Legislature to isolate Year 2000 Problem remediation as
the top information technology priority for all state agencies and
departments and to establish new dates of completion that are not in
conflict with Year 2000 Problem remediation for all statutorily
mandated automation and information technology systems that are not
crucial to public health or safety.
   This bill would authorize each state agency or department and
political subdivision of the state to isolate any of its automated
applications, computer hardware, or networking devices from
nonproprietary networks, input streams, power sources, or other
devices from 3 a.m. on December 31, 1999, to 12 p.m. on January 1,
2000, inclusive, if specified determinations have been made.
   (9) Existing law prescribes the amount of vacation credits that
state employees receive based on years in state service and requires
the Department of Personnel Administration to provide by rule for the
regulation and accumulation of vacations by civil service employees.

   This bill would require until January 1, 2002, an employee to
carry over more vacation credits than otherwise prescribed if the
employee is prevented from taking vacation because the employee is
assigned to work related to the Year 2000 Problem.
   (10) The State Civil Service Act prescribes various rules and
procedures for the hiring and assignment of state employees.
   This bill would require the State Personnel Board and the
Department of Personnel Administration to establish a Year 2000
Problem Worker Pool to fill the needs of various appointing powers
for temporary help regarding Year 2000 Problem remediation.
   (11) Existing law requires state agencies, with respect to certain
electronic data collected, to retain the source of information
according to specified criteria, and requires certain state entities
to provide specified information by means of posting on the Internet
by specified dates.
   This bill would require these entities to retain this
electronically collected data, and provide this information by means
of posting on the Internet, on or after July 1, 2001, unless
otherwise authorized by the Department of Information Technology
pursuant to a specified executive order.  With respect to the
provision of information on the Internet, this requirement would not
become operative as to certain entities within the Department of
Consumer Affairs if SB 1308 is enacted, as specified.
   (12) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the Year
2000 Problem Good Government Omnibus Act of 1999.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The Year 2000 Problem poses a substantial risk to the welfare
of the residents, businesses, and State of California.
   (b) Due to the risks surrounding the complex nature of the Year
2000 Problem, it is necessary for the state to recognize fully the
potential political and social climate that may result from resource
shortages and potential disruptions to the lives of California
residents and to the course of normal trade and commerce within the
State of California and with its business partners.
   (c) Due to the time sensitive nature of the Year 2000 Problem, the
state must initiate an aggressive and prudent preparation period
with the express intent of minimizing any potential risk exposure to
the state associated with the Year 2000 Problem.
   (d) The risks facing the state associated with the Year 2000
Problem include, but are not limited to, the failure of systems that
may disrupt the state's ability to conduct business or provide
services to the residents of the state.
   (e) Identification and remediation of the Year 2000 Problem is the
top priority information technology project for the state as
specified by executive order of the Governor.
   (f) The citizens of this state will be making many personal
prudent preparation decisions regarding the way they will address the
millennium change and the Year 2000 Problem.  In doing so, they have
a right to be presented with accurate information and leadership at
a statewide level regarding the possible effects of the Year 2000
Problem and the precautions that should be taken.
   (g) For purposes of this act, the term "Year 2000 Problem" has the
same meaning as that set forth in subdivision (a) of Section 3269 of
the Civil Code.
  SEC. 3.  It is the intent of the Legislature in enacting this act:

   (a) That state employees who are working on Year 2000 Problem
projects are able to work on those projects through the end of
calendar year 1999 without losing earned vacation.
   (b) To remove, when appropriate, state-administered networks that
are not crucial to Year 2000 Problem remediation, compliance,
contingency, or business continuity plan implementation, or public
safety or health from the Internet and other public information
arenas on the evening of December 31, 1999, and the morning of
January 1, 2000.
   (c) To give the Governor and the Office of Emergency Services the
capability to respond adequately to the potential impacts of the Year
2000 Problem.
   (d) To make every effort to have all valid claims made against the
state paid promptly and accurately, without prejudice, to all
Medi-Cal providers and recipients, nonprofit corporations, small
businesses, and other business partners regardless of the potential
for Year 2000 Problem failures.
   (e) That, in providing for an integrated and effective procedure
to combat potential complications resulting from the Year 2000
Problem, the Office of Emergency Services serves as the lead agency
to direct strategy to ameliorate the effects of any Year 2000 Problem
event and coordinate the implementation of continuity plans for
business and event response actions pursuant to Executive Order
D-3-99.
   (f) That the residents of this state are provided with information
that encourages the promotion of reasonable precautions and
preparations that individuals should take before January 1, 2000.
   (g) That reasonable precautions taken by residents in anticipation
of the Year 2000 Problem reflect those that are recommended in
preparation for a large winter storm, earthquake, or other major
events, and, in addition, reflect the recommendations of the
President's Council on Year 2000 Preparedness that individuals may
wish to maintain an adequate supply of prescription medicine.
  SEC. 4.  Section 27 of the Business and Professions Code is amended
to read:
   27.  (a) Every entity specified in subdivision (b), on or after
July 1, 2001, unless otherwise authorized by the Department of
Information Technology pursuant to Executive Order D-3-99, shall
provide on the Internet information regarding the status of every
license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 of the Civil Code).  The public
information to be provided on the Internet shall include information
on suspensions and revocations of licenses issued by a board and
other related enforcement action taken by a board relative to
persons, businesses, or facilities subject to licensure or regulation
by a board.  In providing information on the Internet, each entity
shall comply with the Department of Consumer Affairs Guidelines for
Access to Public Records.  The information shall not include personal
information including home address (unless used as a business
address), home telephone number, date of birth, or social security
number.
   (b) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:

   (1) The Acupuncture Committee shall disclose information on its
licensees.
   (2) The Board of Behavioral Science Examiners shall disclose
information on its licensees, including marriage, family and child
counselors; licensed clinical social workers; and licensed
educational psychologists.
   (3) The Board of Dental Examiners shall disclose information on
its licensees.
   (4) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of their licensees.
   (5) The Board for Professional Engineers and Land Surveyors shall
disclose information on its registrants and licensees.
   (6) The Structural Pest Control Board shall disclose information
on its licensees, including applicators; field representatives; and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.

   (7) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
   (8) The Bureau of Electronic and Appliance Repair shall disclose
information on its licensees, including major appliance repair
dealers, combination dealers (electronic and appliance), electronic
repair dealers, service contract sellers, and service contract
administrators.
   (9) The cemetery program shall disclose information on its
licensees, including cemetery brokers, cemetery salespersons,
crematories, and cremated remains disposers.
   (10) The funeral program shall disclose information on its
licensees, including, embalmers, funeral director establishments, and
funeral directors.
   (11) The Contractors' State License Board shall disclose
information on its licensees in accordance with Chapter 9 (commencing
with Section 7000) of Division 3.
   (c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538 of the
Business and Professions Code.
  SEC. 5.  Section 2027 of the Business and Professions Code is
amended to read:
   2027.  (a) On or after July 1, 2001, unless otherwise authorized
by the Department of Information Technology pursuant to Executive
Order D-3-99, the board shall post on the Internet the following
information regarding licensed physicians and surgeons:
   (1) With regard to the status of the license, whether or not the
licensee is in good standing, subject to a temporary restraining
order (TRO), or subject to an interim suspension order (ISO).
   (2) With regard to prior discipline, whether or not the licensee
has been subject to discipline by the board of another state or
jurisdiction.
   (3) Any felony convictions reported to the board after January 3,
1991.
   (4) All current accusations filed by the Attorney General.
   (5) Any malpractice judgment or arbitration award reported to the
board after January 1, 1993.
   (6) Any hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff privileges
for a medical disciplinary cause or reason.
   (7) Appropriate disclaimers and explanatory statements to
accompany the above information.
   (b) The board shall provide links to other websites on the
Internet that provide information on board certifications that meet
the requirements of subdivision (b) of Section 651.  The board may
provide links to other websites on the Internet that provide
information on health care service plans, health insurers, hospitals,
or other facilities.  The board may also provide links to any other
sites that would provide information on the affiliations of licensed
physicians and surgeons.
  SEC. 6.  Section 4052.5 is added to the Business and Professions
Code, to read:
   4052.5.  (a) Pursuant to Section 4064, during the period
commencing December 1, 1999, and ending February 1, 2000, a
pharmacist may refill any refillable prescription subject to the
number and terms of authorized refills, upon request of the person on
whose behalf the prescription was written provided (1) the
prescriber is unavailable to authorize the early dispensing of the
medication refill, and (2) the refill medication dispensed does not
exceed the dosage prescribed to sustain the patient with
uninterrupted therapy during this period.
   (b) The pharmacist shall not deny a refill request based upon his
or her opinion regarding the likelihood of a Year 2000 Problem
complication or failure.  However, the pharmacist shall deny a refill
request pursuant to subdivision (a) if, in the pharmacist's
professional judgment, it is not in the patient's best interest.
   (c) A person who has a prescription filled pursuant to this
section shall pay the usual and customary charge of the pharmacy.
However, a person who is covered by an insurer or health care service
plan who has a prescription filled pursuant to this section shall
obtain the refill from a contracted or participating pharmacy if
required as a condition of coverage by the insurer or plan and shall
pay the pharmacy if required as a condition of coverage by the
insurer or plan and shall pay the copayment or coinsurance required
by the insurer or plan.  In the event that the copayment or
coinsurance cannot be confirmed, or the claim cannot be adjudicated
at the time of the purchase, the person shall pay the contract price
negotiated by the person's insurer or plan, if enrolled, for the
prescription, and, if applicable, submit his or her receipt directly
to his or her insurer or plan for reimbursement.
   (d) No person who has a prescription filled pursuant to this
section shall be required by any insurer or health care service plan
to pay a different deductible, copayment, or similar cost share based
on that person's choice of pharmacy, provided that the pharmacy is a
contracted provider for the insurer or health care plan.
   (e) No person who has a prescription filled pursuant to this
section shall be required by any insurer or health care service plan
to pay a different deductible, copayment, or cost share other than
the deductible, copayment, or cost share required by his or her
insurer or health care service plan contract.
   (f) For purposes of this section, the term "insurer" shall
include, but not be limited to, the Medi-Cal program.
   (g) For purposes of this section, the term "Year 2000 Problem" has
the same meaning as that set forth in subdivision (d) of Section
3269 of the Civil Code.
   (h) This section shall become inoperative on February 1, 2000, and
as of January 1, 2001, is repealed, unless a later enacted statute
that is enacted before January 1, 2001, deletes or extends the dates
on which it becomes inoperative and is repealed.
  SEC. 7.  Section 1798.16 of the Civil Code is amended to read:
   1798.16.  (a) Whenever an agency collects personal information,
the agency shall maintain the source or sources of the information,
unless the source is the data subject or he or she has received a
copy of the source document, including, but not limited to, the name
of any source who is an individual acting in his or her own private
or individual capacity.  If the source is an agency, governmental
entity or other organization, such as a corporation or association,
this requirement can be met by maintaining the name of the agency,
governmental entity, or organization, as long as the smallest
reasonably identifiable unit of that agency, governmental entity, or
organization is named.
   (b) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, whenever an agency electronically collects personal
information, as defined by Section 11015.5 of the Government Code,
the agency shall retain the source or sources or any intermediate
form of the information, if either are created or possessed by the
agency, unless the source is the data subject that has requested that
the information be discarded or the data subject has received a copy
of the source document.
   (c) The agency shall maintain the source or sources of the
information in a readily accessible form so as to be able to provide
it to the data subject when they inspect any record pursuant to
Section 1798.34.  This section shall not apply if the source or
sources are exempt from disclosure under the provisions of this
chapter.
  SEC. 8.  Section 927.2 of the Government Code is amended to read:
   927.2.  The following definitions apply to this chapter:
   (a) "Claim schedule" means a schedule of invoices prepared and
submitted by a state agency to the Controller for payment to the
named claimant.
   (b) "Invoice" means a bill or claim that requests payment on a
contract under which a state agency acquires property or services.
   (c) "Medi-Cal program" means the program established pursuant to
Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code.
   (d) "Nonprofit public benefit corporation" means a corporation, as
defined by subdivision (b) of Section 5046 of the Corporations Code,
that has registered with the Department of General Services as a
small business.
   (e) "Reasonable cause" means a determination by a state agency
that any of the following conditions are present:
   (1) There is a discrepancy between the invoice or claimed amount
and the provisions of the contract.
   (2) There is a discrepancy between the invoice or claimed amount
and either the contractor's actual delivery of property or services
to the state or the state's acceptance of those deliveries.
   (3) Additional evidence supporting the validity of the invoice or
claimed amount is required to be provided to the state agency by the
contractor.
   (4) The invoice has been improperly executed or needs to be
corrected by the contractor.
   (5) The state agency making the determination or the contractor
involved has been subject to a computing or accounting failure
related to the Year 2000 Problem.
   (f) "Required payment approval date" means the date on which
payment is due as specified in a contract or, if a specific date is
not established by the contract, 30 calendar days following the date
upon which an undisputed invoice is received by a state agency.
   (g) "Received by a state agency" means the date an invoice is
delivered to the state location or party specified in the contract
or, if a state location or party is not specified in the contract,
wherever otherwise specified by the state agency.
   (h) "Revolving fund" means a fund established pursuant to Article
5 (commencing with Section 16400) of Division 4 of Title 2.
   (i) "Small business" means a business certified as a "small
business" in accordance with subdivision (c) of Section 14837.
   (j) "Small business" and "nonprofit organization" mean, in
reference to providers under the Medi-Cal program, a business or
organization that meets all of the following criteria:
   (1) The principal office is located in California.
   (2) The officers, if any, are domiciled in California.
   (3) If a small business, it is independently owned and operated.
   (4) The business or organization is not dominant in its field of
operation.
   (5) Together with any affiliates, the business or organization has
gross receipts from business operations that do not exceed three
million dollars ($3,000,000) per year, except that the Director of
Health Services may increase this amount if the director deems that
this action would be in furtherance of the intent of this chapter.
   (k) "Year 2000 Problem" has the same meaning as that set forth in
subdivision (a) of Section 3269 of the Civil Code.
  SEC. 9.  Section 927.5 of the Government Code is amended to read:
   927.5.  This chapter shall not apply to claims for reimbursement
for health care services provided under the Medi-Cal program, unless
the Medi-Cal health care services provider is a small business or
nonprofit organization.  In applying this section to claims submitted
to the state, or its fiscal intermediary, by providers of services
or equipment under the Medi-Cal program, payment for claims shall be
due 30 days after a claim is received by the state or its fiscal
intermediary, unless reasonable cause for nonpayment exists.  With
regard to Medi-Cal claims, reasonable cause shall include review of
claims to determine medical necessity, review of claims for providers
subject to special prepayment fraud and abuse controls, and claims
that require review by the fiscal intermediary or State Department of
Health Services due to special circumstances, including, but not
limited to, the Year 2000 Problem.  Claims requiring special review
as specified above shall not be eligible for a late payment penalty.

  SEC. 10.  Section 6277 is added to the Government Code, to read:
   6277.  (a) Notwithstanding subdivision (b) of Section 6253, it may
be considered impracticable for a state agency to provide an
electronic copy of a record if the agency is unable to provide the
electronic copy due to the actuality of a Year 2000 Problem or
resulting from the diversion of resources or personnel by the agency,
in good faith, to address the Year 2000 Problem.
   (b) (1) Subdivision (a) shall apply only to a state agency that is
given specific approval by the Department of Information Technology
to cite subdivision (a) as a reason for noncompliance with
subdivision (b) of Section 6253.
   (2) A state agency that does not first request and then
subsequently receive specific approval from the Department of
Information Technology pursuant to paragraph (1) shall comply with
subdivision (b) of Section 6253.
   (c) This section shall become inoperative on June 30, 2001, and as
of January 1, 2002, is repealed, unless a later enacted statute that
is enacted on or before January 1, 2002, deletes or extends the
dates on which it becomes inoperative and is repealed.
  SEC. 11.  Section 8331 of the Government Code is amended to read:
   8331.  (a) State agencies shall make available on the Internet, on
or after July 1, 2001, unless otherwise authorized by the Department
of Information Technology pursuant to Executive Order D-3-99, a
plain-language form through which individuals can register complaints
or comments relating to the performance of that agency.  The agency
shall provide instructions on filing the complaint electronically, or
on the manner in which to complete and mail the complaint form to
the state agency, or both, consistent with whichever method the
agency establishes for the filing of complaints.
   (b) Any printed complaint form used by a state agency as part of
the process of receiving a complaint against any licensed individual
or corporation subject to regulation by that agency shall be made
available by the agency on the Internet on or after July 1, 2001,
unless otherwise authorized by the Department of Information
Technology pursuant to Executive Order D-3-99.  The agency shall
provide instructions on filing the complaint electronically, or on
the manner in which to complete and mail the complaint form to the
state agency, or both, consistent with whichever method the agency
establishes for the filing of complaints.
   (c) State agencies making a complaint form available on the
Internet shall, to the extent feasible:
   (1) Advise individuals calling the state agency to lodge a
complaint of both of the following:
   (A) The availability of the complaint form on the Internet.
   (B) That many public libraries provide Internet access.
   (2) Include on the Internet the location at which this information
may be accessed in the telephone directory in order that citizens
will be aware that they may contact the state agency via the Internet
or by telephone.
   (d) Public libraries, to the extent permitted through donations
and other means, may do each of the following:
   (1) Provide Internet access to their patrons.
   (2) Advertise that they provide Internet access.
   (e) Notwithstanding subdivision (a) of Section 11000, state agency
as used in this section includes the California State University.
  SEC. 12.  Section 8557 of the Government Code is amended to read:
   8557.  (a) "Emergency Council" means the California Emergency
Council.
   (b) "State agency" means any department, division, independent
establishment, or agency of the executive branch of the state
government.
   (c) "Political subdivision" includes any city, city and county,
county, district, or other local governmental agency or public agency
authorized by law.
   (d) "Governing body" means the legislative body, trustees, or
directors of a political subdivision.
   (e) "Chief executive" means that individual authorized by law to
act for the governing body of a political subdivision.
   (f) "Disaster council" and "disaster service worker" have the
meaning prescribed in Chapter 1 (commencing with Section 3201) of
Part 1 of Division 4 of the Labor Code.
   (g) "Public facility" means any facility of the state or a
political subdivision, which facility is owned, operated, or
maintained, or any combination thereof, through moneys derived by
taxation or assessment.
   (h) "Sudden and severe energy shortage" means a rapid, unforeseen
shortage of energy, resulting from, but not limited to, events such
as an embargo, sabotage, the Year 2000 Problem, or natural disasters,
and which has statewide, regional, or local impact.
   (i) "Year 2000 Problem" has the same meaning as that set forth in
subdivision (a) of Section 3269 of the Civil Code.
  SEC. 13.  Section 8558 of the Government Code is amended to read:
   8558.  Three conditions or degrees of emergency are established by
this chapter:
   (a) "State of war emergency" means the condition which exists
immediately, with or without a proclamation thereof by the Governor,
whenever this state or nation is attacked by an enemy of the United
States, or upon receipt by the state of a warning from the federal
government indicating that such an enemy attack is probable or
imminent.
   (b) "State of emergency" means the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of persons
and property within the state caused by such conditions as air
pollution, fire, flood, storm, epidemic, riot, drought, sudden and
severe energy shortage, plant or animal infestation or disease, the
Governor's warning of an earthquake or volcanic prediction, or an
earthquake, complications resulting from the Year 2000 Problem, or
other conditions, other than conditions resulting from a labor
controversy or conditions causing a "state of war emergency," which,
by reason of their magnitude, are or are likely to be beyond the
control of the services, personnel, equipment, and facilities of any
single county, city and county, or city and require the combined
forces of a mutual aid region or regions to combat, or with respect
to regulated energy utilities, a sudden and severe energy shortage
requires extraordinary measures beyond the authority vested in the
California Public Utilities Commission.
   (c) "Local emergency" means the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of persons
and property within the territorial limits of a county, city and
county, or city, caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot, drought, sudden and severe energy
shortage, plant or animal infestation or disease, the Governor's
warning of an earthquake or volcanic prediction, or an earthquake,
complications resulting from the Year 2000 Problem, or other
conditions, other than conditions resulting from a labor controversy,
which are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of that political subdivision
and require the combined forces of other political subdivisions to
combat, or with respect to regulated energy utilities, a sudden and
severe energy shortage requires extraordinary measures beyond the
authority vested in the California Public Utilities Commission.
  SEC. 14.  Section 8588.8 is added to the Government Code, to read:

   8588.8.  The Office of Emergency Services shall serve as the
central agency in state government for the emergency reporting of all
disasters and sudden and severe energy shortages related to, or
potentially related to, the Year 2000 Problem and shall coordinate
the notification of the appropriate state and local administering
agencies that may be required to respond to those situations as they
arise.
  SEC. 15.  Article 9.8 (commencing with Section 8609) is added to
Chapter 7 of Division 1 of Title 2 of the Government Code, to read:

      Article 9.8.  The Year 2000 Problem and Disaster Preparedness

   8609.  State agencies granted authority by the Governor, the
Business Continuity Task Force, the Emergency Preparedness Task
Force, or the Executive Committee established by Executive Order
D-3-99 to implement any type of disaster, contingency, or business
continuity plan may use volunteer workers.  The volunteers shall be
deemed disaster service workers for the purpose of workers'
compensation under Chapter 3 (commencing with Section 3600) of Part 1
of Division 4 of the Labor Code.

8609.1.  Any disaster preparedness or response official may be
specifically identified by name and title in any disaster,
contingency, or business continuity plan developed pursuant to
Executive Order D-3-99 if such a plan incorporates aspects of any
contingency plan previously developed regarding potential oil spills
or toxic disasters pursuant to Article 3.5 (commencing with Section
8574.1) and Article 3.7 (commencing with Section 8574.16).
   8609.2.  (a) The authority for the management of the scene of an
on-highway Year 2000 Problem disaster shall be vested in the
appropriate law enforcement agency having primary traffic
investigative authority on the highway where the incident occurs or
in a local fire protection agency, as provided by Section 2454 of the
Vehicle Code unless otherwise specified by a disaster, contingency,
or business continuity plan developed pursuant to Executive Order
D-3-99.
   (b) Pursuant to subdivision (a), the Department of the California
Highway Patrol shall develop response and on-scene procedures for
Year 2000 Problem disasters that occur upon the highways based upon
previous studies for these procedures, insofar as the procedures are
not inconsistent with the overall plan for initial notification of
disasters by public agencies and for after-incident evaluation and
reporting.
   (c) Plans developed pursuant to this section shall be made
available to local governments and public safety officials upon
request.
  SEC. 16.  Section 11006.5 is added to the Government Code, to read:

   11006.5.  (a) It is the intent of the Legislature that Year 2000
Problem identification and remediation be the top information
technology priority for all state agencies and departments as
specified by executive order of the Governor.
   (b) It is the further intent of the Legislature to establish new
dates of completion that are not in conflict with Year 2000 Problem
remediation for all statutorily mandated automation and information
technology systems that are not crucial to public health or safety.
   (c) For the purposes of this section, the term "Year 2000 Problem"
has the same meaning as that set forth in subdivision (a) of Section
3269 of the Civil Code.
  SEC. 17.  Section 11015.5 of the Government Code is amended to
read:
   11015.5.  (a) On or after July 1, 2001, unless otherwise
authorized by the Department of Information Technology pursuant to
Executive Order D-3-99, every state agency, including the California
State University, that utilizes any method, device, identifier, or
other data base application on the Internet to electronically collect
personal information, as defined in subdivision (d), regarding any
user shall prominently display the following at least one anticipated
initial point of communication with a potential user, to be
determined by each agency, and in instances when the specified
information would be collected:
   (1) Notice to the user of the usage or existence of the
information gathering method, device, identifier, or other data base
application.
   (2) Notice to the user of the type of personal information that is
being collected and the purpose for which the collected information
will be used.
   (3) Notice to the user of the length of time that the information
gathering device, identifier, or other data base application will
exist in the user's hard drive, if applicable.
   (4) Notice to the user that he or she has the option of having his
or her personal information discarded without reuse or distribution,
provided that the appropriate agency official or employee is
contacted after notice is given to the user.
   (5) Notice to the user that any information acquired by the state
agency, including the California State University, is subject to the
limitations set forth in the Information Practices Act of 1977 (Title
1.8 (commencing with Section 1798) of Part 4 of Division 3 of the
Civil Code).
   (6) Notice to the user that state agencies shall not distribute or
sell any electronically collected personal information, as defined
in subdivision (d), about users to any third party without the
permission of the user.
   (7) Notice to the user that electronically collected personal
information, as defined in subdivision (d), is exempt from requests
made pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
   (8) The title, business address, telephone number, and electronic
mail address, if applicable, of the agency official who is
responsible for records requests, as specified by subdivision (b) of
Section 1798.17 of the Civil Code, or the agency employee designated
pursuant to Section 1798.22 of that code, as determined by the
agency, who is responsible for ensuring that the agency complies with
requests made pursuant to this section.
   (b) A state agency shall not distribute or sell any electronically
collected personal information about users to any third party
without prior written permission from the user, except as required to
investigate possible violations of Section 502 of the Penal Code or
as authorized under the Information Practices Act of 1977 (Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code).  Nothing in this subdivision shall be construed to prohibit a
state agency from distributing electronically collected personal
information to another state agency or to a public law enforcement
organization in any case where the security of a network operated by
a state agency and exposed directly to the Internet has been, or is
suspected of having been, breached.
   (c) A state agency shall discard without reuse or distribution any
electronically collected personal information, as defined in
subdivision (d), upon request by the user.
   (d) For purposes of this section:
   (1) "Electronically collected personal information" means any
information that is maintained by an agency that identifies or
describes an individual user, including, but not limited to, his or
her name, social security number, physical description, home address,
home telephone number, education, financial matters, medical or
employment history, password, electronic mail address, and
information that reveals any network location or identity, but
excludes any information manually submitted to a state agency by a
user, whether electronically or in written form, and information on
or relating to individuals who are users serving in a business
capacity, including, but not limited to, business owners, officers,
or principals of that business.
   (2) "User" means an individual who communicates with a state
agency or with an agency employee or official electronically.
   (e) Nothing in this section shall be construed to permit an agency
to act in a manner inconsistent with the standards and limitations
adopted pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) or the
Information Practices Act of 1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code).
  SEC. 18.  Section 11018.5 of the Government Code is amended to
read:
   11018.5.  (a) The Department of Real Estate, on or after July 1,
2001, unless otherwise authorized by the Department of Information
Technology pursuant to Executive Order D-3-99, shall provide on the
Internet information regarding the status of every license issued by
that entity in accordance with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) and the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code), including information relative to
suspensions and revocations of licenses issued by that state agency
and other related enforcement action taken against persons,
businesses, or facilities subject to licensure or regulation by a
state agency.
   (b) The Department of Real Estate shall disclose information on
its licensees, including real estate brokers and agents, on the
Internet that is in compliance with the department's public record
access guidelines.
   (c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538 of the
Business and Professions Code.
  SEC. 19.  Section 12814 is added to the Government Code, to read:
   12814.  (a) Notwithstanding any other provision of law, each state
agency or department or political subdivision of the state may
isolate any of its automated applications, computer hardware, or
networking devices from nonproprietary networks, input streams, power
sources, or other devices at any time and for any duration from 3
a.m. on December 31, 1999, to 12 p.m. on January 1, 2000, inclusive,
if the Governor, the Chief Information Officer, upon designation of
the Governor, or the Governor's Year 2000 Problem Executive Council,
as established in Executive Order D-3-99, grants a written
authorization for the proposed isolation.
   (b) For the purposes of this section, the term "Year 2000 Problem"
has the same meaning as that set forth in subdivision (a) of Section
3269 of the Civil Code.
  SEC. 20.  Article 12 (commencing with Section 19991.15) is added to
Chapter 2.5 of Part 2.6 of Division 5 of Title 2 of the Government
Code, to read:

      Article 12.  Year 2000 Work

   19991.15.  Notwithstanding any other provision of law, an employee
shall carry over more vacation credits than the prescribed maximum
if the employee is prevented from taking vacation because the
employee is assigned to work related to the Year 2000 Problem.
   19991.16.  (a) All Year 2000 Problem related work shall be
considered work of a priority or critical nature over an extended
period of time.
   (b) All work performed by an employee who is assigned to the Year
2000 Worker Pool shall be considered work related to the Year 2000
Problem for purposes of this article.
   19991.17.  The carryover of vacation credits in successive years
shall be approved by the appointing power as extenuating
circumstances for each employee who is prevented from taking vacation
because the employee is assigned to work related to the Year 2000
Problem.
   19991.18.  For purposes of this article, the term "Year 2000
Problem" has the same meaning as that set forth in subdivision (a) of
Section 3269 of the Civil Code.
   19991.19.  This article shall remain in effect only until January
1, 2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
  SEC. 21.  Part 5.5 (commencing with Section 22350) is added to
Division 2 of the Public Contract Code, to read:

      PART 5.5.  THE YEAR 2000 PROBLEM VENDOR COMPLIANCE AND
INFORMATION PRACTICES POLICY

   22350.  This part shall be known and may be cited as the Year 2000
Problem Vendor Compliance and Information Practices Policy.
   22351.  For purposes of this part, the following definitions
apply:
   (a) "Contractor" means any individual, corporation, partnership,
business entity, joint venture or association, or any other
organization or any combination thereof, that has entered into a
contractual relationship with any public entity.
   (b) "Person" means any individual, corporation, partnership,
business entity, joint venture, or association, or any other
organization or any combination thereof.
   (c) "Year 2000 Problem" has the same meaning as that set forth in
subdivision (a) of Section 3269 of the Civil Code.
   22352.  It is the policy of this state to do business solely with
those persons and contractors that, subsequent to entering into any
contract with a public entity, recognize the importance and urgency
of the Year 2000 Problem, respond to inquiries from public entities
regarding Year 2000 Problem compliance for all goods or services
provided to the state, and participate in the disclosure of
information to public entities regarding Year 2000 Problem compliance
for all goods and services provided to the state.
   22353.  (a) Any public entity may submit a written request for
information regarding the Year 2000 Problem to any contractor who is
under contract to provide, or was at any time under contract to
provide, any project, materials, supplies, equipment, services, or
real property, as described in Part 2 (commencing with Section
10100).
   (b) Each request made pursuant to subdivision (a) shall include
all of the following information:
   (1) A direct citation of the authority to make a request pursuant
to this part.
   (2) Notification of the policy of the state regarding the Year
2000 Problem, as set forth in Section 22352.
   (3) Notification of the responsible bidder provisions that exist
under the State Contract Act (Part 2 (commencing with Section
10100)).
   22355.  Nothing in this part shall be construed to require any
person or contractor to disclose any information that qualifies for
protection as a trade secret, as defined in subdivision (d) of
Section 3426.1 of the Civil Code.
  SEC. 22.  Section 311.5 of the Public Utilities Code is amended to
read:
   311.5.  (a) (1) Prior to commencement of any meeting at which
commissioners vote on items on the public agenda the commission shall
make available to the public copies of the agenda, and upon request,
any agenda item documents that are proposed to be considered by the
commission for action or decision at a commission meeting.
   (2) In addition, the commission shall publish the agenda, agenda
item documents, and adopted decisions in a manner that makes copies
of them easily available to the public, including, commencing
publishing those documents on the Internet on or after July 1, 2001,
unless otherwise authorized by the Department of Information
Technology pursuant to Executive Order D-3-99.  Publication of the
agenda and agenda item documents shall occur on the Internet at the
same time as the written agenda and agenda item documents are made
available to the public.
   (b) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, the commission shall publish and maintain all of its
decisions and resolutions on the Internet.  That publication shall
occur within 10 days of the adoption of a decision or resolution by
the commission.
   (c) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, the commission shall publish at its Internet site the
then-current version of its general orders and Rules of Practice and
Procedure.
   (d) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, the commission shall publish and maintain all of its rulings
on the Internet.  The commission shall maintain those rulings at its
site until final disposition, including disposition of any judicial
appeals, of the respective proceedings in which the rulings were
issued.
   (e) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, the commission shall publish and maintain a docket card that
shall list, by title and date of filing or issuance, all documents
filed and all decisions or rulings issued in those proceedings on the
Internet.  The commission shall maintain the docket card until final
disposition, including disposition of any judicial appeals, of the
corresponding proceedings.
  SEC. 23.  (a) In addition to the reasons listed in Section 19050.8
of the Government Code, the State Personnel Board may prescribe and
apply rules governing the temporary assignment or loan of employees
within an agency or between jurisdictions to enable an agency to meet
challenges posed by the Year 2000 Problem.
   (b) (1) Within 30 days of the effective date of this act, the
State Personnel Board shall establish guidelines for a Year 2000
Problem Worker Pool, established by the Department of Personnel
Administration pursuant to subdivision (c), to fill the needs of
various appointing powers for temporary help regarding Year 2000
Problem remediation.
   (2) The board may provide by rule for conditions of employment in
the Year 2000 Problem Worker Pool.  If the board finds that it is in
the best interests of the state, it may limit the pool to those
classes in which there is a level of demonstrated expertise.
   (3) Within not less than three months, or more than one year,
after the board finds that for the purpose of this section there is
no longer an emergency, all Year 2000 Problem Worker Pool assignments
shall be ended as the board deems appropriate.
   (c) (1) The Department of Personnel Administration shall establish
a Year 2000 Problem Worker Pool to fill the needs of various
appointing powers for temporary help regarding Year 2000 Problem
remediation.
   (2) Notwithstanding Section 19211 of the Government Code or State
Personnel Board guidelines developed pursuant to Section 19210 of the
Government Code, the pool shall be composed of all employees that
have been involved in a Year 2000 Problem remediation project at any
state agency or department and any additional employees specified by
the Department of Information Technology.
   (3) Upon a request from any appointing power or upon the request
of the Department of Information Technology on behalf of any agency
or department for temporary help that can be filled from those
employees identified in the Year 2000 Problem Worker Pool, the
department shall assign the persons that are needed.  Upon
assignment, the appointing power may be charged pursuant to Section
11253 or Sections 11256 to 11263, inclusive, of the Government Code
for the cost of the service.
   (4) If the provisions of this subdivision are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5 of the Government Code, the memorandum of
understanding shall be controlling.
   (5) For all purposes of Part 2.6 (commencing with Section 19815)
of Division 5 of Title 2 of the Government Code, these persons are
employees of their original department and not of the appointing
power to which they are assigned.  The procedure authorized by this
section for procuring temporary Year 2000 Problem help is an
alternative to other procedures for that purpose authorized by Part
2.6 or department rule and nothing in this section nor in applicable
department regulations prevents an appointing power from following
those other procedures.
   (6) The department shall make all necessary rules and regulations
to carry out the purposes of this subdivision.
   (7) (A) Agencies that are not required to submit feasibility study
reports to the Department of Information Technology, and
constitutional officers and their employees upon written notification
from the constitutional officer to the Department of Information
Technology, shall be exempted, from the requirements listed in
subdivisions (a) and (b) and paragraphs (1) to (6), inclusive, of
this subdivision.
   (B) Exemptions granted pursuant to subparagraph (A) shall prohibit
the agency from using any workers in the Year 2000 Worker Pool
unless authorized by the Department of Information Technology.
   (d) For the purposes of this section, the term "Year 2000 Problem"
has the same meaning as that set forth in subdivision (a) of Section
3269 of the Civil Code.
  SEC. 24.  (a) It is the intent of the Legislature that state
agencies, in anticipation of the Year 2000 Problem, pay properly
submitted, undisputed invoices and automatically calculate claims
schedules prior to January 1, 2000.
   (b) Notwithstanding any other provision of law, the state may
print or post electronically checks, centralized treasury checks,
warrants, employee paychecks, benefits checks for all entitlement and
means-tested social programs, and all other claims that would
otherwise occur on or after January 1, 2000, within the month of
December 1999.
   (c) This section shall not compel, nor prohibit disbursement of
funds in a tax year in a manner that is not consistent with current
practice.
   (d) Notwithstanding any other provision of law, this section shall
apply to the Controller and all state agencies, including, but not
limited to, the Public Employees' Retirement System, the State
Teachers' Retirement System, the Treasurer, and the Department of
General Services.
   (e) The Controller may negotiate with agencies that produce a high
volume of claims to determine if actions pursuant to subdivision (b)
are necessary.
   (f) Any checks or warrants that are printed or posted pursuant to
subdivision (b) may be held until the normal issue date that is on or
after January 1, 2000.
   (g) For purposes of this section, the term "Year 2000 Problem" has
the same meaning as that set forth in subdivision (a) of Section
3269 of the Civil Code.
  SEC. 25.  The repeal of Article 12 (commencing with Section
19991.15) of Chapter 2.5 of Part 2.6 of Division 5 of Title 2 of the
Government Code shall not affect any employee's vacation carryover or
any other related determinations made under that article prior to
its repeal.
  SEC. 26.  Section 4 of this act, which amends Section 27 of the
Business and Professions Code, shall not become operative if Senate
Bill 1308 of the 1999-2000 Regular Session is enacted, amends Section
27 of the Business and Professions Code, and becomes effective on or
before January 1, 2000.
  SEC. 27.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to significantly reduce the risks posed by the Year 2000
Problem to the livelihood of Californians, the ability of industry to
conduct business in the state, and the ability of the state to
mitigate possible systems failures that would damage the state's
ability to do business with and provide for its citizens, it is
necessary that this act take effect immediately.
